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HomeMy WebLinkAbout11-07 RESOLUTIONRESOLUTION NO. 11-07 A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO WASHINGTON COUNTY FOR 2007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an Inter -Local Agreement between the City of Fayetteville, Arkansas and Washington County, Arkansas to provide animal sheltering services to Washington County for 2007. A copy of the agreement, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to execute the Inter -Local Agreement with Washington County, Arkansas. ,t '.' ,\1Y•Q, •Gp'� � ep? U PASSED and APPROVED this 6th day of February, 2007. APPROVED. By DAN COOD Mayor - ATTEST: By: :FAYETTEVILLE: 31P, PCANSP. Jam: /71,,TON c°,:s SON RA SMITH, City Clerk/Treasurer 7 ANIMAL SHELTER AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS THIS AGREEMENT is entered into this ()`E'bl day of ,broa.ry, 20_07 , by and between the CITY OF FAYETTEVILLE, and the COUNTY OF WASHINGTON, ARKANSAS, concerning the provision of animal sheltering services; WHEREAS, A.C.A. § 14-14-910 authorizes public entities to enter into agreements to provide governmental services to the mutual benefit of each entity; and WHEREAS, effective animal control is of mutual interest to the City of Fayetteville and Washington County; and'` WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to Washington County. NOW, THEREFORE, IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: Article I The City of Fayetteville agrees to provide sheltering services for animals delivered to its shelter, located at 1640 Armstrong Avenue, in the City of Fayetteville, by designated animal control officers of Washington County. Article II Washington County agrees to comply with the Fayetteville Animal Shelter's Operating Policy during the term of this Agreement, and understands that the City of Fayetteville may terminate this agreement for noncompliance Article III Washington County agrees to pay sheltering services fees in the amount of eighty two thousand, three hundred fifty dollars ($82,350) said sum being based on the number of animals delivered to the shelter by Washington County citizens and designated animal control officers during the year 2006. Future charges will be calculated in the same manner at the rate of $75 per animal. Payments shall be made to the City of Fayetteville in the form of twelve (12) monthly payments. Payment shall be due on or before the first day of each month r Article IV This agreement shall begin on January 1, 2007 and end at midnight on December 1, 2007; however either party, upon 30 days written notice may terminate this agreement. Article V The City of Fayetteville agrees to provide assistance to Washington County in the form of minor medical treatment while a shelter veterinarian is on staff, the drafting of animal control ordinances, educational programming, professional consultation regarding animal control matters, and in all other areas necessary and ,,,_proper to effectuate the highest level of cooperation between the City of Fayetteville 4 -- and Washington County. Article VI Neither the City of Fayetteville nor Washington County may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other. Article VII This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas Article VIII Each paragraph of this Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. _ Article IX Washington County shall hold harmless the City of Fayetteville from any and all claims or liabilities arising from the performance of this Agreement, provided that nothing in this Agreement shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville or Washington County under the Constitution and Statutes of the State of Arkansas. • Jill Hatfield Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 2/6/2007 City Council Meeting Date Animal Services Division Action Required: ,5 Aft,/ 67 ri Sitt,Weir Arta Police Department A resolution approving an Inter -Local sheltering agreement between Fayetteville, Arkansas and Washington County, Arkansas for a one year period beginning January 1, 2007 to December 31, 2007. The sheltering agreement is for 1,098 animals, total sheltering fees for 2007 of $82,350.00 Cost of this request 1010 0001 4390 00 Account Number Project Number Budgeted Item X Category / Project Budget Intergovernmental Program Category / Project Name Funds Used to Date Program / Project Category Name General Remaining Balance Fund Name Budget Adjustment Attached Department tam Date City Attorney 07 Date t-t.z.-07 Finance and Internal Service Director Mayor Date '444 Date Previous Ordinance or Resolution # 12- 06 Original Contract Date: Original Contract Number: Comments RESOLUTION NO. A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND WASHINGTON COUNTY, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO WASHINGTON COUNTY FOR 2007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an Inter -Local Agreement between the City of Fayetteville, Arkansas and Washington County, Arkansas to provide animal sheltering services to Washington County for 2007. A copy of the agreement, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Ark hereby authorizes the Mayor and City Clerk to execute ocal Inter ocal Agreement with Washington County, Arkansas. PASSED and APPROVED this 6th day, of February APPROVED: By. SONRA-S10111, City Clerk/Treasurer RECSVED JAN 03 20Qr CITY OF FAYETTEVILLE GEORGE E. BUTLER, JAYOFhs OFFICE County Attorney December 29, 2006 WASHINGTON COUNTY, ARKANSAS County Courthouse Mayor Dan Coody 113 W. Mountain Fayetteville, AR 72701 RE• Animal Shelter Agreement 280 North College, Suite 501 Fayetteville, AR 72701 Dear Mayor Coody: Enclosed please find the original Animal Shelter Agreement Between the City of Fayetteville and Washington County. Please sign the contract in the appropriate space and return to my office for filing. I will send a file -marked copy to the city for your records Sincerely, }7-c Ii2r 9'r (Q-1 George E. Butler, Jr. /rt Enclosure cc: Jill Hatfield Telephone: 479 / 973-8415 • FAX: 479 / 444-1889 (2 14.07) Clarice Pearman - Resolutions 07-07 - 12-07 Page 1 From: To: Date: Subject: Attachments. CC: Jill: Attached are copies City of Elm Springs City of Farmington City of Goshen City of Greenland Washington County City of Winslow. Clarice Pearman Hatfield, Jill 2.14.07 3:08 PM Resolutions 07-07 - 12-07 12-07 Winslow Shelter Agreement.pdf; 08-07 Farmington Shelter Agreement.pdf 09-07 Goshen Shelter Agreement.pdf; 10-07 Greenland Shelter Agreement.pdf ; 11-07 Wash Co Shelter Agreement.pdf; 07-07 Elm Springs Shelter Agreement. pdf Audit of various interlocal agreements for sheltering service as follows: I returning to you via interoffice mail the copies for Farmington, Goshen, Greenland and Winslow. The others did not have extra agreements attached. Let me know if there is anything else needed for these items. Have a good day. Thanks. Clarice Clarice Buffalohead-Peannan, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us • • • Article X It is agreed that the failure of any party to invoke any of the available remedies under this Agreement or under law in the event of one or more breaches or defaults by any party under the Agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. Article XI This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this Agreement shall be valid unless made in writing and signed by the duly authorized agents of the parties. IN WITNESS WHEREOF, the City of Fayetteville and Washington County have executed this Agreement on or as of the date first written above. n..u1'nnr • .U• •?0; E :FAYETTEVILLE: .- • .9R SPS:��; ',ii„yG QN1G%%%% ATTEST: SONDRA SMITH, City Clerk CITY OF FAYETTEVILLE, ARKANSAS IS 4 DAN COODY, Mayor WASHINGTON COUNTY, ARKANSAS ja JE RY HUNTON, County Judge BS PRITCHARD, County Clerk \Th'